Between the History, Model and Notion——Constitutionality Control by Supreme Courts and Courts of Constitution
Xie Jin-jie
Abstract
Xie Jin-jie
Abstract
With the development of the mechanism of constitutionality control and the judicatory function of social control, in many countries, the term“constitutional review by supreme courts”takes an important place in the conceptual category of legal system, and the mechanism of“constitutional review by court of constitution”as a special constitutional system has been carried out adequately. Through the clue of Constitutionality Control by Supreme Courts and Courts of Constitution, this article discusses comparatively the issue from the historical,institutional and ideal view, and discusses China's problem about mechanism of constitutionality control.
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With the development of the mechanism of constitutionality control and the judicatory function of social control, in many countries, the term“constitutional review by supreme courts”takes an important place in the conceptual category of legal system, and the mechanism of“constitutional review by court of constitution”as a special constitutional system has been carried out adequately. Through the clue of Constitutionality Control by Supreme Courts and Courts of Constitution, this article discusses comparatively the issue from the historical,institutional and ideal view, and discusses China's problem about mechanism of constitutionality control.
Key concepts: Constitutionality, Constitution, Law, Supreme court, Political science, Constitutional review, Judicial review, Constitutional economics